One of our marriage based green card cases was approved this week after a nine month wait. We successfully represented the couple in the fiance visa process in 2012. The husband arrived in the US and the couple got married. After we filed for adjustment of status but before the USCIS interview in Santa Ana, the husband was arrested. The District Attorney decided not to press charges and the case was dismissed. At the interview, we provided USCIS with evidence that the case had been dismissed and our client was eligible to adjust status; however, because the District Attorney is allowed one full year to pursue a conviction, USCIS decided not to approve the adjustment of status at that time. They kept the case in pending status.

Over the next several months, we contacted USCIS requesting that they approve the case. Finally, after nine months of continuous pressure from our office, USCIS approved the case. Our client should receive his green card within the next few weeks. Because the marriage is less than two years old, he will receive a conditional green card that will expire in 2016. He will need to file an I-751 to remove the conditions on permanent residency at that time. The couple is excited that this stage of the process is complete. They look forward to raising their daughter in Huntington Beach knowing that their future in the US is secure.

If you are considering the adjustment of status process, contact The Nunez Firm to schedule a consultation. Managing attorney Jay Nunez will personally meet with you to help you better understand the marriage based green card process and how we can help.